Adil Mabrouk Bin Hamida

Infobox WoT detainees
subject_name = Adil Mabrouk Bin Hamida


image_size =
image_caption =
date_of_birth = Birth date|1970|9|15
place_of_birth = Tunis, Tunisia
date_of_death =
place_of_death =
detained_at = Guantanamo
id_number = 148
group =
alias = Adel Ben Mabrouk Bin Hamida Boughanmi, Adil Mabrouk Bin Hamida (Boughanmi)
charge = no charge, held in extrajudicial detention
penalty =
status =
occupation =
spouse =
parents =
children =

Adil Mabrouk Bin Hamida is a citizen of Tunisia held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in
Cuba.cite web
url=http://www.dod.mil/news/May2006/d20060515%20List.pdf
title=List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006
author=OARDEC
publisher=United States Department of Defense
date=May 15 2006
accessdate=2007-09-29] Hamida's Guantanamo detainee ID number is 148.
Joint Task Force Guantanamo counter-terrorism analysts reports that Hamida was born on September 15 1970,in Tunis, Tunisia.

Identity

Captive 148 is identified inconsistently on official Department of Defense documents:
*Captive 148 was named Adel Ben Mabrouk Bin Hamida Boughanmi on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal, on 8 October 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000101-000200.pdf#46
title=Summary of Evidence for Combatant Status Review Tribunal -- Boughanmi, Adel Ben Mabrouk Bin Hamida
date=8 October 2004
author=OARDEC
pages=pages 46-47
publisher=United States Department of Defense
accessdate=2007-12-04]
*Captive 148 was named Adil Mabrouk Bin Hamida on the Summary of Evidence memos prepared for his first and second annual Administrative Review Boards, on 20 July 2005 and 25 April 2006, and on the second official list of captives' names released on May 15 2006. [http://www.dod.mil/news/May2006/d20060515%20List.pdf list of prisoners (.pdf)] , "US Department of Defense", May 15 2006] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000099-000196.pdf#65
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Bin Hamida, Adil Mabrouk
date=20 July 2005
author=OARDEC
pages=pages 65-68
publisher=United States Department of Defense
accessdate=2007-12-04] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_200-298.pdf#14
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Bin Hamida, Adil Mabrouk
date=25 April 2006
author=OARDEC
pages=pages 14-17
publisher=United States Department of Defense
accessdate=2007-12-04]
*Captive 148 was named Adil Mabrouk Bin Hamida (Boughanmi) on four official lists released in September 2007.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_unclassified_summaries.pdf
title=Index for Combatant Status Review Board unclassified summaries of evidence
author=OARDEC
publisher=United States Department of Defense
date=July 17 2007
accessdate=2007-09-29] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_detainees_testimony.pdf
title=Index for testimony
author=OARDEC
publisher=United States Department of Defense
date=September 4 2007
accessdate=2007-09-29] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_1_Detention_Transfer_Factors.pdf
title=Index to Summaries of Detention-Release Factors for ARB Round One
author=OARDEC
publisher=United States Department of Defense
date=August 9 2007
accessdate=2007-09-29] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_2_Detention_Transfer_Factors.pdf
title=Index of Summaries of Detention-Release Factors for ARB Round Two
author=OARDEC
publisher=United States Department of Defense
date=July 17 2007
accessdate=2007-09-29]

Combatant Status Review Tribunal

] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.cite web
url=http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902
title=Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials
publisher=United States Department of Defense
date=March 6 date=December 2007

Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.

Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were "lawful combatants" -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant.

ummary of Evidence memo

A Summary of Evidence memo was prepared for Adel Ben Mabrouk Bin Hamida Boughanmi's Combatant Status Review Tribunal, on 8 October 2004.cite news
url=http://www.dod.mil/pubs/foi/detainees/csrt_mar05.pdf#176
title=Summary of Evidence for Combatant Status Review Tribunal -- name redacted
date=8 October 2004
author=OARDEC
publisher=United States Department of Defense
pages=176-177] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000101-000200.pdf#46
title=Summary of Evidence for Combatant Status Review Tribunal -- Boughanmi, Adel Ben Mabrouk Bin Hamida
date=8 October 2004
author=OARDEC
pages=pages 46-47
publisher=United States Department of Defense
accessdate=2007-12-04] The memo listed the following allegations against him:

:""'a. The detainee is associated with al Qaida.:#"The detainee a Tunisian national [The three words, "A Tunisian national" were redacted in the version released in March 2005.] living in Italy, traveled to Afghanistan in early 2001.:#"The detainee stayed at the "House of Algerians" guesthouse in Jalalabad.:#"The detainee trained on the assembly and disassembly of the Kalishnikov "sic"rifle.:#"The Tunisian government has listed the detainee as an extremist who lived in the Bosnian-Mujahedin Village of Boeinja Bonja.:#"The detainee was a member of the Sami Essid Network.:#"The Sami Essid Network provides financial support to terrorist groups.:#"Detainee was sentenced to twenty years imprisonment in Tunisia [The phrase "sentenced to twenty years imprisonment in Tunisia" was redacted in the version released in March 2005.] for being a member of a terrorist organization operating abroad.:#"Detainee possibly falsified passports for fleeing al Qaida combatants who make it to Europe.:#"Detainee was captured on the Afghanistan-Pakistan border by Pakistani military forces.

Transcript

Hamida chose to participate in his Combatant Status Review Tribunal. [http://www.defenselink.mil/pubs/foi/detainees/csrt/Set_50_3381-3489.pdf#48 Summarized transcripts (.pdf)] , from Adil Mabrouk Bin Hamida's "Combatant Status Review Tribunal" - pages 48-58]

Response to the allegations

*Adel Ben acknowledged traveling to Afghanistan -- as an immigrant.
*Adel Ben acknowledged staying at the "House of the Algerians".
*Adel Ben acknowledged being trained on the assemby and disassembly of the AK-47.
*Adel Ben denied ever traveling to Bosnia, and denied ever hearing of the village of Bocinja Donja.
*Adel Ben said he had never heard of the Sami Essid Network.
*Adel Ben denied any knowledge of any sentences against him in Tunisia.
*Adel Ben denied ever forging any passports.
*Adel Ben acknowledged being captured on the Afghanistan-Pakistan border.

Adel Ben's Personal Representative was able to produce Adel Ben's passport into evidence, in an attempt to show his passport had no stamp from Bosnia, showing that the allegation that he had traveled to Bosnia was false. The Tribunal's President criticized the Personal Representative for not having the passport translated prior to introducing it.

Response to Tribunal questions

Habeas petition

Captive 148 had a habeas corpus petition published on his behalf.But, although the Department of Defense published documents from the CSR Tribunals of 179 captives, they did not publish any of his habeas documents.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_publicly_filed_CSRT_records.pdf
title=Index for CSRT Records Publicly Files in Guantanamo Detainee Cases
author=OARDEC
publisher=United States Department of Defense
date=August 8 2007
accessdate=2007-09-29]

In July 2008 the US District Court ruled that his habeas petition was moot.cite web
url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/212/0.pdf
title=Guantanamo Bay Detainee Litigation: Doc 212 -- Orders that all petitioners other than the following are DISMISSED without prejudice from Civil Action Number 05-2386
publisher=United States Department of Justice
author=
date=2008-07-29
accessdate=2008-08-13
quote= ]

Administrative Review Board hearings

Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been class+ified as an "enemy combatant".

They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat -- or whether they could safely be repatriated to the custody of their home country, or whether they could be set free.

First annual Administrative Review Board

A Summary of Evidence memo was prepared for Adil Mabrouk Bin Hamida'sfirst annualAdministrative Review Board, on 20 July 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000099-000196.pdf#65
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Bin Hamida, Adil Mabrouk
date=20 July 2005
author=OARDEC
pages=pages 65-68
publisher=United States Department of Defense
accessdate=2007-12-04] The memo listed factors for and against his continued detention.

Transcript

There is no record thatcaptive 148 participated in this Board hearing.

econd annual Administrative Review Board

A Summary of Evidence memo was prepared for Adil Mabrouk Bin Hamida's second annualAdministrative Review Board, on 25 April 2006.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_2_Factors_200-298.pdf#14
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Bin Hamida, Adil Mabrouk
date=25 April 2006
author=OARDEC
pages=pages 14-17
publisher=United States Department of Defense
accessdate=2007-12-04] The memo listed factors for and against his continued detention.

Transcript

There is no record thatcaptive 148 participated in this Board hearing.

References